What is the premises of liability?
In order to have a successful personal injury lawsuit, someone must be found liable. While there are several elements to a personal injury case, liability is perhaps the most important. The premises of liability are as follows:
Duty: To be found liable, a person must have had the obligation to use due care. The obligation (or duty) indicates that there is a relationship between the party and another. For example, a person who gets behind the wheel of a car has the duty to drive safely because they have a “relationship” with other drivers on the road.
Breach of duty: The person must have breached their duty of care. They must have acted or failed to act in a way that a normally reasonable person would not have. A driver, for instance, may breach their duty of care by driving a vehicle they know is in ill-repair or by getting behind the wheel of their vehicle after having had multiple alcoholic beverages.
Injury: As a result of the breach of duty, another person was injured. The injury may be physical, emotional and/or financial.
Cause: A victim must be able to prove that their injury was the direct result of the breach of duty. For example, in the case of a car accident, the victim must prove that the injuries sustained were a direct result of the accident.
If you have been hurt due to someone’s negligence or lack of maintenance on their property, the Atlanta personal injury attorneys at Haug Law Group may be able to help.